Bill Description

Undoes a 1993 change to the Federal Rules of Civil Procedure by amending the sanctions provision in Rule 11 to mandate the court impose a sanction on any attorney, law firm, or party that has violated the rule instead of leaving the issue of sanctions up to the court's discretion.

Liberty for All's Position

Cleverly named, this bill is a corporate crony handout that would actually increase litigation costs and have a chilling effect on the Seventh Amendment right to trial by jury. The bill was pushed to the floor by the U.S. Chamber of Commerce and does not follow the normal procedures for a modification of the Federal Rules. Moreover, the bill was opposed by the American Bar Association and the Judicial Conference's Rules Committee responsible for reviewing proposed rule changes. Both groups noted that the pre-1993 rule actually led to frivolous use of Rule 11 motions by aggressive attorneys in an attempt to scare away opposition. This not only wasted the court's time but massively increased court costs.This bill wrongly legitimizes the idea that "quick-fixes" from the federal government are a correct answer to local problems and further removes discretion from local judges and juries and places it in the hands of Washington D.C. It would allow enemies of freedom to use Rule 11 as an attempt to scare away Liberty activists from using the courts as they recently have to defend the First and Second amendments. Liberty For All supports common sense solutions to real problems - not the attempts of crony corporations to benefit through the federal government under the guise of reform. Empowering local communities and judges is the proper path forward, not tying their hands with the political agendas of lobbyists and D.C. power players.